Witness refuses to answer questions about 2021 Reedley murder

FRESNO, Calif. (KFSN) -- The complexity of a gang-related murder trial was on full display at the Fresno County Courthouse on Thursday.

Prosecutors have charged David Cedeno with murder for the 2021 death of Elizandro Diaz Jr. in Reedley. It happened after an argument at the Oaks Mini Mart. The attorneys all agree the two men were in rival gangs.

Cedeno has pleaded not guilty, and Thursday was the first full day of trial evidence.

As prosecutors called Nancy Garcia to the stand, she swore to tell the truth. She answered questions for several minutes, but the tension that comes with gang cases soon boiled over.

When attorneys pressed her on what she saw at the scene at Bravante Produce, Garcia did not want to say anything else.

"Ms. Garcia, did that refresh your recollection or your memory?" the prosecutor said. "I plead the fifth," Garcia said.

The judge was stern, telling Garcia she could not do that.

"Okay, I'm ordering you to answer the question directly," Judge Jonathan Conklin said. "I understand you're concerned, but you don't have a Fifth Amendment right not to answer the question."

But even after the judge's warning, Garcia tried again. The judge quickly ordered the jury out of the courtroom and told the witness she must tell the truth. Garcia crossed her arms.

"If you don't remember - If you honestly don't remember, you can say you don't remember," Judge Conklin said. "So, I'm going to order you to answer the question. If you refuse to answer the question, I'm going to remand you. I'm going to hold you in contempt."

When the jury returned, Garcia stopped pleading the fifth and had a new answer.

"I don't remember," she said more than a dozen times.

"You don't remember if your memory would've been fresh on the day of the incident?" one of the defense attorneys said. "I don't remember."

The jury heard other testimony, including from the man who performed the victim's autopsy. The trial will continue Monday.

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